Loading...
HomeMy WebLinkAbout10-10-2013 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA 6:30 PM Thursday, October 10, 2013 1. Call to Order and Roll Call 6:30 PM Moment of Silence for former Commissioner Iry Zastrow Plaque for Commissioner Zastrow's family 2. Pledge of Allegiance 3. Setting the agenda 4. Open Mike / Public Comments 5. Minutes: July 25, 2013 from Timesaver November 12, 2012, as corrected 6. Old Business A. Secretarial options for minute taking for all Charter meetings. 1. City Administrator, Jeff Karlson's email 2. City's contract with Timesaver for Charter meetings 3. Invoice for Timesaver 7. New Business A. Commissioner Storberg's concern over number of Charter meetings per year B. Application deadline for applying for Charter Commission. a) October 31, 2013 C. 2012 Letter to the Judge (to be distributed at the meeting) D. Commissioner Gunderson's concern over total number of Commissioners for the Charter Commission. 8. Next meeting date, Thursday, January 9, 2014 Christopher Lyden Caroline Dahl Margaret Penn Chair Vice Chair Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ^22 ,N23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ^43 44 Charter Commission July 25, 2013 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION July 25, 2013 6:30 p.m. 9:30 p.m. Bretoi (left the meeting at 8:50 p.m.), Dahl, Lyden, Gunderson, Penn, Storberg, Trehus, Turcotte, Aldentaler (left the meeting at 7:50 p.m.), Bartsch, and Timm Helgemoe, Sutherland, Williams, and Zastrow None City Clerk Julie Bartell and City Administrator Jeff Karlson Mayor Jeff Reinert and Council Members Dale Stoesz and Rob Rafferty CALL TO ORDER AND ROLL CALL Chair Lyden reconvened the meeting of the Lino Lakes Charter Commission at 6:37 pm on July 25, 2013. PLEDGE OF ALLEGIANCE Chair Lyden lead the Pledge of Allegiance. SETTING THE AGENDA Chair Lyden moved item 6C to review as item Al. Commissioner Penn asked to add an item regarding TimeSaver and minute taking. Chair Lyden believed TimeSaver would be included in the discussion for item 6A. Agenda was accepted as presented without additions. OPEN MIC/PUBLIC COMMENT Councilmember Dale Stoesz, 309 Linda Court, stated that the last time he spoke under open mic was prior to the November election regarding the amendment to the Charter. He offered that the Commission vote on the Charter and pass the amendments. He believed that an agenda could be set for a joint meeting where this issue could be discussed and a solution could be found. He stated that he and Mayor Reinert drafted a response to the letter received from Chair Lyden and presented that letter to the Commission. 1 Charter Commission July 25, 2013 Page 2 45 Commissioner Storberg referenced a Charter proposed in 2007 which did not require votes to 46 complete roadwork and questioned why that was not included in the documentation. 47 48 Chair Lyden stated that he received a letter from the Mayor and he composed a response, which 49 he passed out to the Commission. He noted that these letters are not on the agenda and is simply 50 for the Commission to review. 51 52 APPROVAL OF MEETING MINUTES 53 Commissioner Bretoi stated that in reference to the Members present, he should be listed as 54 excused. 55 56 Commissioner Penn referenced line 20, it should state, "Chair Dahl Lyden..." 57 58 Commissioner Trehus referenced the approval of meeting minutes from the previous November 59 meeting and noted that the corrections to the minutes should be listed. 60 61 Commissioner Gunderson stated that her notes from the February meeting included an action 62 item regarding research for professional secretary services and presenting that to the Council. 63 She stated that she spoke with Commissioner Penn, who did not remember a motion being made, 64 but believed that there may have been an action item at that meeting. She noted that she did 65 attend the Council meeting in March following the February meeting. 66 67 Commissioner Trehus believed that Commissioner Gunderson moved forward on that item 68 following consensus rather than a formal motion. He noted that other Commissioners also 69 proceeded to collect additional information. 70 71 Commissioner Gunderson asked to add the following statement "Upon completion of research 72 Commissioner Gunderson agreed to present a budget request at a future Worksession" 73 74 Commissioner Turcotte suggested that someone review the audio recording of the meeting. 75 76 Commissioner Gunderson volunteered to meet with Commissioner Dahl to review the tape. 77 78 MOTION by Commissioner Gunderson, seconded by Commissioner Turcotte, approving the 79 meeting minutes of February 21, 2013. 80 81 Motion passed unanimously. (Commissioners Penn and Timm abstained) 82 83 OLD BUSINESS 84 85 A. Last year, the City Council proposed two housekeeping amendments seeking to 86 bring dates and timing into compliance with the new State Statutes, Section 4.02. 87 Filing for Office and Section 8.04, Subdivision 2, Council suggested adoption of this 88 Charter amendment by ordinance. 2 Charter Commission July 25, 2013 Page 3 89 Ms. Bartell stated that included in the packet were amendments to the Charter. She explained \90 that the State and Federal election changes have affected the Charter. She stated that the 91 language in the Charter would not allow for filing for office within the necessary time and should 92 be considered for amendment. She referenced another time limit included in the Charter and 93 noted that this time limit would also conflict with the new changes made. She noted that this 94 information has been reviewed by the City Attorney and the Charter Commission Attorney, who 95 both recommend the amendment language suggested by the City Attorney with some minor 96 amendments suggested by the Charter Commission Attorney. She noted that the City Attorney 97 has not had time to review the suggestions made by the Charter Commission Attorney. 98 99 Commissioner Turcotte questioned why the time period was increased by an additional 40 days. 100 101 Ms. Bartell explained that the election date is a moving target, which is why the language was 102 proposed to be flexible. 103 104 Commissioner Trehus explained that although the election date is the same, the deadline for 105 absentee ballots has been moved up which is why this time period needs to reflect that change. 106 107 Ms. Bartell noted that this is not simply to meet the ballot requirements but also the Charter 108 language. She stated that the Charter amendments are done through ordinance and explained the 109 process that would need to be followed. She advised that if the Charter Commission "Th 0 recommended amendment through ordinance that would need to go before the Council and then -11 back to the Charter Commission. She explained that there would be additional time to gather .12 information during that process. 113 114 Commissioner Timm questioned if the City was due to hold an election this fall and when filing 115 would open. She questioned whether the timing for this item would affect the election. 116 117 Ms. Bartell noted that filing opens on July 30th and closes on August 13th. She advised that she 118 spoke with the City Attorney and was directed to follow State law for this election rather than the 119 Charter language. She explained that in the situation of special improvements and the process 120 needed to be followed it may not even be possible to follow the language in the Charter and 121 noted that it is recommended to amend those sections of the Charter to match the deadlines for 122 the ballot under State law. 123 124 Chair Lyden noted that the Charter Commission Attorney reviewed the information and did not 125 have any issues and believed the item to be more of a housekeeping item. 126 127 Ms. Bartell noted that an additional first reading of the ordinance may need to be held if the 128 additional language suggested by the Charter Commission Attorney is recommended by the 129 Commission. 130 31 Commissioner Trehus expressed confusion with why the additional language could not be added, 32 in his experience, he did not believe the additional language would require an additional reading. 433 3 Charter Commission July 25, 2013 Page 4 34 Commissioner Timm stated that in this situation changing the language would affect the timeline '35 for the election, as a first reading had already been held. She stated that in the previous situation 136 expressed by Commissioner Trehus the additional time did not affect anything. 137 138 Ms. Bartell read aloud the language requested by Commissioner Trehus. 139 140 Commissioner Trehus believed that there would be sufficient time for the Council to hold two 141 readings of the ordinance to amend the Charter. 142 143 Commissioner Turcotte stated that this amendment was brought to the Charter Commission two 144 years ago and there was a rush at that time but now the item was coming back before the 145 Commission two years later with the same rush. 146 147 Ms. Bartell noted that this item was brought forward on the agenda in attempt to bring the 148 Charter into compliance. 149 150 Commissioner Trehus explained that two years ago the Charter Commission wanted the Charter 151 Commission Attorney to review the language but the budget was already depleted for that year 152 and the Council would not authorize additional funds. He noted that the Charter Commission 153 Attorney has now reviewed and approves of the language and believed that the Commission 154 should take action. ,55 , 456 MOTION by Commissioner Timm, seconded by Commissioner Dahl, requesting adoption of an 57 ordinance to amend Section Four of the City Charter to change the filing period to mirror the 158 language of the State Statute as identified as the clean copy submitted by the Charter 159 Commission Attorney. 160 161 Motion passed 10 - 1 (Turcotte opposed). 162 163 MOTION by Commissioner Timm, seconded by Commissioner Trehus, requesting an ordinance 164 to amend Section Eight of the City Charter regarding special improvements to amend the time 165 period to allow sufficient time to include a special improvement process on the ballot. 166 167 Motion passed 10 - 1 (Turcotte opposed). 168 169 Chair Lyden thanked Ms. Bartell for her assistance and professionalism. 170 171 B. Commissioner Gunderson's Report on Secretarial options for minute taking for all 172 Charter meetings. 173 Commissioner Gunderson stated that she believed the Commission should find out why the 174 secretary from TimeSaver is present at the meeting tonight. She stated that after review of her 175 information, this issue was closed and if the services of TimeSaver were desired, the 176 Commission would have to make that call. She asked for the input of Ms. Bartell. 77 4 Charter Commission July 25, 2013 Page 5 .78 Chair Lyden stated that he received an email from the City Administrator who dictated from the 79 Council that TimeSaver would be attended the next two meetings of the Charter Commission. 180 He advised that the official meeting minutes is the prerogative, right, and responsibility of the 181 Charter Commission to decide which minutes will become official. He stated that this 182 Commission has not had the time to review the strings attached to the decision made. He 183 recognized that Commissioner Gunderson attended a Worksession meeting to discuss the item, 184 which was not placed on the agenda, and explained how the offer from the Council with strings 185 attached came about. 186 187 Commissioner Gunderson questioned if the decision to have TimeSaver present came as a 188 directive from the City Administrator. 189 190 Ms. Bartell stated that the email from the City Administrator had gone to Chair Lyden regarding 191 the coverage for TimeSaver that would be provided at the April Charter Commission meeting, 192 which was canceled, which is why it was moved to tonight. 193 194 Commissioner Gunderson stated that even though the Council approved a method for funding 195 TimeSaver, or a professional service, the Charter Commission would still need to make the 196 decision as to whether or not to have TimeSaver. 197 198 Chair Lyden referenced a past situation in which he requested that TimeSaver not attend a /"..\99 meeting, which they still attended. He noted that the City Administrator had advised that foo TimeSaver would attend in that situation, even with the request made by the Charter .ol Commission. 202 203 Commissioner Gunderson expressed confusion and believed that the budget of the Charter 204 Commission would take a hit. 205 206 Commissioner Bretoi stated that the issue from the City Council is the length of time for posting 207 minutes and did not believe another minute taker would help in that situation. 208 209 Commissioner Gunderson questioned who made the call to TimeSaver. 210 211 Ms. Bartell stated that she made the call to TimeSaver because of the note in the file and after 212 confirming the decision with the City Administrator. She noted that the Council did approve 213 funding separate from the regular Charter Commission funding. 214 215 The Charter Commission expressed desire for the minutes from Timesaver to be sent directly to 216 Chair Lyden. 217 218 Chair Lyden stated that in his experience, the draft minutes should come back before the 219 Commission for review at the next meeting, at which time they would be approved and made X20 official. 21 5 Charter Commission July 25, 2013 Page 6 _22 Commissioner Turcotte stated that the Charter Commission made the request to the City Council `.23 and it appears the City Council attached conditions and sent TimeSaver without discussion from 224 the Commission. 225 226 Commissioner Gunderson stated that after two years of taking minutes for the meetings herself 227 without TimeSaver present, she made the request to have TimeSaver back. She explained the 228 lengthy process she had to follow in order to take minutes for meetings of the 15 member 229 Commission that were running three hours in length. She explained that this drove her to request 230 an increase in the budget to allow TimeSaver's services, which were consistently denied. She 231 stated that at the February meeting, Mayor Reinert made the offer to have TimeSaver attend and 232 she was very excited at that possibility. She advised of all the information she collected in order 233 to make this a formal request to the Council at the March Worksession, which was pretty warmly 234 received. She believed that at that time, she expressed that the item would need to come back 235 before the Commission for discussion. 236 237 Commissioner Turcotte stated that it was his recollection that the Council asked Commissioner 238 Gunderson if she was authorized to make the decision and she replied in agreement. 239 240 Commissioner Gunderson stated that in the past, TimeSaver would submit a draft copy of the 241 minutes which were posted on the website and then reviewed by the Charter Commission at the 242 next meeting for amendment. She noted that under her recollection, she attended the following Worksession, after she met with the Council, at which time the item was not included on the ?44 agenda. 245 246 Commissioner Turcotte stated that Commissioner Gunderson agreed to the proposal at the 247 Worksession meeting with the Council. 248 249 Commissioner Gunderson stated that it was her understanding that this item would still be 250 discussed. She stated that in regard to her conversations with Chair Lyden, this item was not 251 moving forward. She stated that she had no idea why TimeSaver was present tonight. 252 253 Commissioner Aldentaler left the meeting. 254 255 Chair Lyden reference the comments made at open mic tonight by the Council and asked that the 256 Charter Commission review the letters submitted from the Councilmember and Chair Lyden. He 257 stated it is his decision that the Charter Commission must act on an official basis and can only 258 respond to official requests. He believed that because of the twists that have occurred between 259 the Charter Commission and the City Council, the only way the Commission should work with 260 the Council is only through official responses. 261 262 Commissioner Bartsch questioned who dictated that TimeSaver attend tonight. 263 Commissioner Gunderson noted that Ms. Bartell made the call as confirmed with the City 65 Administrator. ' °66 6 Charter Commission July 25, 2013 Page 7 n 267 Commissioner Bartsch reviewed the recommendation of the City Administrator to have S.68 TimeSaver to attend two meetings, including a transfer of funds from the contingency fund to the 269 Charter Commission fund. He confirmed that the transfer has not occurred and will not occur 270 until the end of the year. He commented that it is somewhat embarrassing that the representative 271 from TimeSaver is present and taking minutes without authorization for payment. He noted that 272 an estimate of $500 was included for the expenditure but advised that it appears that transfer may 273 not occur until the end of the year. He questioned what would occur in the meantime. He 274 believed that it was unfortunate that this situation occurred and believed that the City 275 Administrator should send a letter apologizing to TimeSaver. 276 277 Chair Lyden read aloud a portion of his letter to Mayor Reinert. 278 279 Commissioner Dahl stated that Chair Lyden spoke with Ms. Bartell and stated that TimeSaver 280 should not attend the meeting. 281 282 Commissioner Bretoi read aloud the language regarding the budget transfer and noted that in the 283 past, the budget expenditures have been highly scrutinized. He believed that the Charter 284 Commission should consider whether they want the expenditure. 285 286 Commissioner Bartsch noted that this item would be reviewed at the end of the year as a budget 287 expenditure for the Charter Commission and believed that the Commission should let this go and '..88 see what happens. He did not believe that language should be passed to the Council to review X89 the expenditure when that expenditure has not been approved. 290 291 Commissioner Dahl stated that it was her understanding that if the Charter Commission does not 292 follow the direction of the Council, they may not pay for the expenditure. She expressed outrage 293 that the draft minutes would be posted prior to approval of the Commission. 294 295 Commissioner Storberg stated that the decision is in the hands of City Hall as to whether to pay 296 for Timesaver's services, as there will only be two more meetings this year. She believed that the 297 Commission should take advantage of the services. 298 299 Commissioner Trehus asked for the City Council direction that was taken at the meeting. 300 301 Ms. Bartell stated that she did not have the full information with her as the item was included on 302 the Consent Agenda. 303 304 Commissioner Trehus stated that the item as proposed included a condition that the draft minutes 305 would need to be posted within 30 days in order for the Council to approve the Timesaver 306 services for two meetings. 307 308 Commissioner Storberg questioned the $500 cap on the Timesaver services. X309 10 Ms. Bartell stated that in her opinion the cost would be estimated. 111 7 Charter Commission July 25, 2013 Page 8 12 Commissioner Dahl stated that she does have a high respect for TimeSaver. X13 314 MOTION by Commissioner Gunderson, seconded by Commissioner Dahl, directing Chair Lyden 315 to send a statement to the City Administrator and City Council to not have TimeSaver attend 316 future meetings. 317 318 Further discussion: Commissioner Gunderson stated that she has been working on this issue for 319 the past two years and is really frustrated that the issue has gotten to the point where she has had 320 to make a motion against the action she has desired for the past two years. 321 322 Chair Lyden appreciated the efforts of Commissioner Gunderson and her moral compass. He 323 stated that he has had the experience of miscommunication with the City Council in the past. He 324 stated that is why the Charter Commission should only deal with the City Council through 325 official directions. 326 327 Commissioner Gunderson stated that she really wanted the April meeting in order to move 328 forward in the process and believed that not having the April meeting hurt the Commission. 329 330 Commissioner Storberg stated that she hated to see the hard work wasted and suggested that 331 something be written asking that the minutes be sent directly to the Chair for review prior to 332 posting. She recognized the amount of work currently assigned to the Secretary for the 33 Commission and believed that this would ease the process and workload. d34 J35 Commissioner Dahl stated that she had seconded the motion only for discussion and asked that 336 the Commission vote against the motion. She stated that the Charter Commission has used 337 TimeSaver in the past and believed the service to be an asset. She was concerned that the City 338 Council put conditions on the formal action and for that reason, this should be denied as she 339 believed that to be a form of control. She stated that she would like to see a motion asking for 340 what the Commission originally asked for, which is for TimeSaver to attend the meetings, with 341 minutes sent to the Chair and distributed to the Commission for review, correction and approval 342 of the minutes at the next Charter Commission meeting. She stated that in her opinion, this 343 would be the only way the Charter Commission would accept the services from TimeSaver. She 344 recognized the amount of time needed for the Commissioners to complete the minutes on their 345 own. 346 347 Commissioner Bartsch stated that the Commission is back to the issue of payment and he does 348 not see how the Commission could ask TimeSaver to appear at the meetings and complete 349 minutes with no assurance that they will be paid. He believed that the assurance should come in 350 the official written action of the City Council. He believed that it would be unfair to ask 351 TimeSaver to come back to the meetings with payment being an issue. He did not believe that 352 the decision regarding minute taking could be made until assurance of payment had been made. 353 ,.� 54 Commissioner Penn stated that she would be voting against the motion. She believed that this 55 was two separate issues, one being the interaction of the City Council and the Charter '56 Commission and the issue of secretarial support. She believed that the issues should be separate 8 Charter Commission July 25, 2013 Page 9 J57 and the Charter Commission should state that they will proceed with the services from '58 TimeSaver under the same process that has always been followed regarding how the meeting 359 minutes are approved and posted. She believed that it would be a mistake to refuse the services. 360 361 Commissioner Trehus compared the Council proposing to have TimeSaver attend two meetings 362 to a carrot and stick method and was disgusted by the Council action. 363 364 Commissioner Bretoi noted that the amendment to the motion should include language to accept 365 the services from TimeSaver, with draft minutes following the same process that has always been 366 followed with the Commission reviewing the minutes prior to posting on the City website. 367 368 Commissioner Turcotte stated that in his opinion the Charter Commission cannot rely on the City 369 Council and believed that if the conditions specified by the City Council were not followed the 370 bill for TimeSaver would not be paid by the City Council. He stated that he would volunteer to 371 take the meeting minutes himself. 372 373 Chair Lyden stated that the Officers of the Charter Commission met to discuss how minutes 374 would be taken if TimeSaver were not utilized. He believed that the minutes would need to be 375 very brief if the Commission members continue to take the minutes. 376 377 Commissioner Storberg stated that there are only five women on the Commission and did not ^78 believe the men would take the minutes. 79 380 MOTION by Commissioner Bretoi, seconded by Commissioner Timm, requesting a FRIENDLY 381 AMENDMENT to the original motion to only accept the provision of assistance from 382 TimeSaver, as noted in the City Council meeting minutes of March 25, 2013 and the 383 Commission pursue the current process where the draft minutes are submit only to the Chair for 384 distribution, and the minutes are reviewed by the Commission for approval at the following 385 Commission meeting, after which time the meeting minutes will become official and can be 386 posted. 387 388 Further discussion: Commissioner Bartsch questioned if this motion would accept the services 389 without certain payment. 390 391 Commissioner Penn confirmed that she believed the Council would pay as it was their direction. 392 393 Chair Lyden stated that both parties are right and noted that Ms. Bartell is clarifying the actual 394 action taken by the City Council. 395 396 Commissioner Gunderson accessed the City Council meeting minutes at which time the Charter 397 Commission secretary services expenditure were approved and read language clarifying that the 398 City would pay for the secretary services for two meetings which will be in addition to the 399 $1,500 Charter Commission budget. 00 `101 Commissioner Bartsch stated that is the proof needed. 9 Charter Commission July 25, 2013 Page 10 ,02 '03 MOTION by Commissioner Bretoi, seconded by Commissioner Timm, to call the vote to 404 question. 405 406 Motion passed 8 — 2 (Trehus and Turcotte opposed) 407 408 Motion passed 9 — 1 (Turcotte opposed). 409 410 The Commission thanked Ms. Bartell for her assistance. 411 412 Ms. Bartell left the meeting. 413 414 C. Commissioner Gunderson's concern regarding the two meetings of October 11, 415 2012, and April 11, 2013 that had been postponed. 416 Commissioner Gunderson expressed concern that the last two meetings had been canceled and 417 noted that this action has caused the Charter Commission to hold only two meetings during the 418 year rather than four as directed by the Charter. She noted that there was important business that 419 needed to occur at the October meeting prior to the election. She stated that the Commission 420 then met in February with a need for the April meeting in order to continue the headway she had 421 made regarding TimeSaver. She recognized that the meeting had been postponed due to the 422 weather but explained that meeting was never rescheduled. She stated that prior to the July ''23 meeting, the decision was made to postpone the meeting for one week. She believed that every 424 effort should be made to follow the public meeting schedule as she believed that by postponing 125 the meetings the Commission was losing the trust of the public. She asked that the 426 Commissioners make every attempt to attend the regularly scheduled meetings. 427 428 Commissioner Timm stated that she shares the concerns brought forward by Commissioner 429 Gunderson. She stated that in the past year, the Commission has not once met on the regularly 430 scheduled day and the meeting had been rescheduled to a date that she was already scheduled to 431 attend a meeting for another organization. She believed it to be disrespectful and unprofessional 432 that the meeting dates continue to be changed. She stated that the continuous postponing of 433 meetings is giving the public the idea that the Commission is frivolous. 434 435 Commissioner Storberg stated that she would support only holding two meetings per year, noting 436 that a special meeting could occur if necessary. She agreed that canceling the meetings causes 437 undue conflict with people's schedules. 438 439 MOTION by Commissioner Storberg, seconded by Commissioner Bartsch, requesting that the 440 Charter Commission hold only two meetings during a one-year period. 441 442 Further discussion: Commissioner Gunderson referenced article four of the by-laws for the 443 Charter Commission and read the information aloud and believed the motion to be out of order. 44 45 Chair Lyden stated that he also shares the concerns and responsibility and agreed that postponing '46 and canceling meetings does not appear positive to the public. He provided additional 10 Charter Commission July 25, 2013 Page 11 :47 information on the reasoning behind canceling/postponing the October and April meetings. He 48 noted that as to the previously scheduled meeting the week prior, he had a scheduling conflict 449 and would have been unable to attend, which is why the meeting was pushed back a week. 450 451 Commissioner Gunderson stated that the motion that has been made and seconded has been 452 identified as out of order and asked for the ruling of the Chair. 453 454 Chair Lyden declared the motion to be out of order. 455 456 Commissioner Gunderson stated that the decision to amend the number of meetings could be 457 discussed and amended at the next meeting. 458 459 Commissioner Storberg confirmed that her intent was to open the discussion and asked that the 460 item be included on the agenda for the next meeting of the Charter Commission. 461 462 Commissioner Bretoi left the meeting. 463 464 NEW BUSINESS 465 466 A. Consideration of forming a subcommittee for the evaluation and confirmation of 467 City's public information regarding Council's 2012 Charter amendment. "....\68 Chair Lyden stated that there is a system of checks and balances to ensure that one branch of i69 government does not become too powerful. He stated that there has been a lot of discussion 470 regarding the Charter amendment that was proposed and noted that it would be the duty of the 471 Charter Commission to ensure that the government is working within the parameters that it 472 should. He stated that the review could be very laborious and that is why he suggested the 473 creation of a subcommittee to review the amendment. He asked for input from the 474 Commissioners. 475 476 Commissioner Penn questioned if this item had already been brought before the public on a 477 ballot. She asked for information regarding the timeframes and amount of time needed for this 478 review. 479 480 Commissioner Gunderson stated that it was her understanding that the City Council had not yet 481 put this language on the ballot. 482 483 Commissioner Turcotte stated that there is nothing official but believed that something is already 484 in the works to include that item on the ballot. 485 486 Commissioner Gunderson believed that if a ballot question was going to be proposed the item 487 would need to be proposed before this time. 488 ^489 Commissioner Bartsch stated that it was his opinion that the Chair is not satisfied with the 90 information being provided to the residents. "91 11 Charter Commission July 25, 2013 Page 12 492 Chair Lyden noted that perhaps the idea of a subcommittee was not the correct path and noted 93 that input from Commissioners could be sent via email. 494 495 Commissioner Timm referenced the action taken earlier in the meeting regarding the amendment 496 to the Charter language to mirror the language in the Charter after the State Statute and noted that 497 per this direction there would not be enough time to submit that item on the ballot this year. 498 499 Commissioner Bartsch recognized that the concern was with the possible misinformation of the 500 public from the City. 501 502 Commissioner Storberg referenced a motion she made in February and questioned why that item 503 was not followed up on. 504 505 Chair Lyden asked that Commissioners think about this issue and bring the item back on the 506 October agenda. 507 508 MOTION by Commissioner Gunderson, seconded by Chair Lyden, for the Charter Commission 509 to form a public relations subcommittee composed of at least three Charter Commission 510 members. 511 512 Further discussion: Commissioner Trehus recognized examples of where information paid for by 13 the public has been incorrect. He believed that the subcommittee directive should be clear. +14 315 Commissioner Gunderson believed that the subcommittee should be generalized to address 516 public relations items and not specific to one item. 517 518 Commissioner Bartsch questioned if the City provides space in the newsletter for information 519 that the Charter Commission would like to make public. 520 521 Chair Lyden stated that the City has denied the requests for inclusion from the Charter 522 Commission in the past. 523 524 Commissioner Gunderson stated that the Charter Commission has the right to submit requests for 525 inclusion in the City newsletter but they have the authority to edit the information. 526 527 Commissioner Bartsch believed that it would be beneficial for members to form a subcommittee 528 to discuss this matter. 529 530 MOTION by Commissioner Trehus, seconded by Chair Turcotte, that the Charter Commission 531 form a subcommittee of one member, to be the Chair, with Commissioners submitting issues 532 regarding the disparity of communication that occurred during the last election. 533 534 Further discussion: Chair Lyden noted that his issue was very specific but did not think the idea 35 proposed by Commissioner Gunderson would be a good idea as well to create a subcommittee 336 that could deal with ongoing public relations issues. 12 Charter Commission July 25, 2013 Page 13 37 38 Commissioner Gunderson did not believe that the by-laws allow for multiple motions. 539 540 Commissioner Trehus read the language aloud from the by-laws regarding multiple motions. He 541 noted that voting will begin on the most recent motion. 542 543 Motion failed 4-4-1. (Timm, Penn, Storberg and Gunderson opposed) (Bartsch abstained). 544 545 Commissioner Gunderson noted that the subcommittee she proposes could discuss the agenda 546 item in addition to other public relations item. 547 548 Commissioner Turcotte did not believe that item related to the agenda item. 549 550 MOTION by Commissioner Gunderson, seconded by Commissioner Timm, to call the question. 551 552 Motion failed 5 - 4 (Trehus, Turcotte, Lyden, and Dahl opposed). 553 554 There being no further discussion the motion was called to question. 555 556 Motion failed 3 — 6 (Trehus, Turcotte, Bartsch, Storberg, Lyden, and Dahl opposed). 557 "..58 B. Term Expirations. )59 Commissioner Dahl reviewed the Commissioners whose term will be expiring at the end of the 360 year and noted that for those members interested in reapplying for the Charter Commission, she 561 does have applications available. She stated that it had been decided that the applications could 562 be submitted to Commissioner Dahl or at City Hall prior to October 31, 2013. 563 564 NEXT MEETING DATE 565 Chair Lyden noted the next meeting date is Thursday, October 10, 2013. 566 567 ADJOURN 568 569 MOTION by Commissioner Dahl, seconded by Commissioner Bartsch, to adjourn the meeting at 570 9:30 p.m. Motion carried unanimously. 571 572 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 13 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1,,,� 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 November 8, 2012 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: CORRECTED CITY OF LINO LAKES CHARTER COMMISSION November 8, 2012 6:32 p.m. 8:33 p.m. Aldentaler, Bartsch, Bretoi, Dahl, Gunderson, Lyden Penn, Storberg, Sutherland, Timm, Trehus, Turcotte, Williams Zastrow Helgemoe None Council Members Rafferty and Stoesz; Mayor Reinert CALL TO ORDER AND ROLL CALL Chair Lyden convened the meeting of the Lino Lakes Charter Commission at 6:32 pm on November 8, 2012. OPEN MIC Council Member Stoesz noted that with just slightly over 50 percent of Lino Lakes citizens voting in support of the proposed changes to Chapter 8 of the Charter he would like to see consideration given to making changes to the Charter through an ordinance rather than through an amendment. With the presence of three council members. the Chair expressed concern that this would be considered a quorum for a Council meeting and as such should be posted. APPROVAL OF AGENDA The presentation of the plaque and Certificate of appreciation to Jim Drennan was removed as Mr. Drennan was unable to be present. An item was added to the Minutes section by Vice Chair Dahl — a discussion of the level of detail required in the Commission minutes. APPROVAL OF MINUTES MOTION by Commissioner Penn, seconded by Commissioner Dahl, to approve the July 12 minutes as corrected. Motion passes unanimously. Vice Chair Dahl proposed that the Secretary captures the main themes in rather than attempting to capture all of the details pertaining to all of the discussion. However, the Secretary would ensure that the wording of all motions was verbatim as they were proposed. Commissioner Dahl 1 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 ri 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Charter Commission November 8, 2012 Page 2 proposed that this process be tried as an experiment for three Commission meetings. Commissioners Gunderson and Sutherland spoke in favor of the proposal as did Chair Lyden. UNFINISHED BUSINESS Commissioners discussed item 6B Charter Amendments and noted that the Commission had not been able to acquire a legal opinion advice from the its attorney in sufficient time to make November 6th ballotbefore the ballot deadline expired. Commissioner Gunderson raised the question about whether there was a sufficient balance remaining in the Commission's budget to allow for attorney fees. Council Member Rafferty commented that only one bill for $303.00 has been submitted for payment leaving a balance of slightly under $1200.00 Commissioners raised a question about which they would like to get a legal opinion: What is the process for getting a proposed amendment on the ballot when the Commission and City Council disagree? Another question for which they would like a response is: what funding do other charter cities receive? Commissioners expressed a desire to have a discussion of the Charter amendment added to the January 2013 agenda. MOTION by Commissioner Storberg, seconded by Commissioner Gunderson, to have the entire Commission and the entire Council meet together to discuss the provisions of Chapter 8. AMENDMENT offered by Commissioner Timm that there be a tight agenda agreed to the Mayor and the Commission Chair and that some procedural rules for discussion be defined. Council Member Stoesz left at 8:04 The question was called and the vote to vote on the main motion passed with Commissioners Aldentaler, Trehus and Turcotte voting no. The main motion passed with Commissioners Storberg, Lyden, Williams, Bartsch, Gunderson, Timm and Penn voting in favor and Commissioners Trehus, Turcotte, Bretoi, Dahl, and Aldentaler opposed. Commissioners Bretoi and Sutherland left at 8:17. MOTION by Commissioner Trehus, seconded by Commissioner Turcotte, that the officers of the Commission work with the Commission's attorney to review the Commission's proposed amendments and that the attorney be asked to provide an opinion in terms of their constitutionality, and to respond to the opinions rendered by the City's attorney regarding the legality of the proposed amendments The motion passed with two Commissioners opposed. NEW BUSINESS No new business was discussed. Charter Commission November 8, 2012 Page 3 90 91 ADJOURN 92 93 MOTION by Commissioner Storberg seconded by Commissioner Gunderson, to adjourn the 94 meeting at 8:33 pm. Motion carried unanimously. 95 96 Respectfully Submitted, 97 98 Margaret (Marg) Penn 99 Secretary and Commissioner LINO LAKES CHARTER COMMISSION BY-LAWS Amended July 8, 2010 ARTICLE I - THE COMMISSION Section 1. Name of Commission. The name of the Commission is the "Lino Lakes Charter Commission". (amended July 8, 2010) Section 2. Purpose. The purpose of the Commission is to serve as custodians of the Lino Lakes City Charter in accordance with state laws, these by-laws and rules of the Charter Commission. Section 3. Office of Commission. The offices of the Commission are at the Lino Lakes City Hall for purposes of official commission business. Section 4. Members. The commission is composed of 15 members. Members terms are for four (4) years starting January 1 and members shall serve their terms until their successors are appointed and have qualified, subject to state law. Section 1. Secretary. ARTICLE II - OFFICERS Officers. The officers of the Commission are the Chair, Vice -Chair and Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare, the agenda, preside at all meetings, oversee the implementation of the decisions of the Commission and act as the primary liaison with City staff. The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote. Each year on or before the April meeting, the Chair shall submit to the Commission for its approval, an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year. The annual report to the Commission may contain the Chair's recommendation for Commission activities for the ensuing year. (amended 4/12/2007) Section 3. Vice -Chair. The Vice -Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during the vacancy of that office until the Commission elects a new Chair. Section 4. Secretary. The Secretary shall maintain the records, record the minutes and votes at each meeting, and submit approved minutes and relevant materials to the City Clerk for the purpose of maintaining a permanent record for public review. On or before December 31st of each year, the Secretary shall submit to the Chief Judge of the District Court, the City Clerk and the Commission members, the Chair's approved annual report. The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary, and to perform the duties of Secretary PAGE 1 LINO LAKES CHARTER COMMISSION in the event of the absence or vacation of office by the Secretary until such time as the Commission elects a new Secretary. Section 5. Compensation; Expenses. The members of the Commission shall receive no compensation, but the Commission may employ an attorney and other personnel to assist in amending or revising the City Charter, and the reasonable compensation and cost of the printing of such Charter, when directed by the Commission shall be paid by the City. The amount of reasonable and necessary Commission expenses shall be paid by the City, which expenses cannot exceed $1,500.00 in any one (1) year unless the City Council authorized additional expenses pursuant to Minnesota Statutes Section 410.06, as amended. Section 6. Additional Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its by- laws or rules. Section 7. Elections. The Chair, Vice -Chair and Secretary shall be elected from among the members of the Commission at the first meeting after January 1 in even -numbered years and shall hold office for two (2) years or until their successors are elected and qualified. The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. No officer shall be eligible to hold more than two (2) consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. Section 8. Vacancies. A vacancy in the office of Chair, Vice -Chair or Secretary, including a vacancy pursuant to Minnesota Statutes, Section 410.05, shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office. Section 9. Appointments. At least four (4) months prior to the expiration of any seat on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their expiration of office date so that the Clerk may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify the affected incumbents. Should a member not finish his or her term on the commission, the Chair shall notify the City Clerk of that opening immediately to allow for prompt filling of that position. Following notification of the City Clerk, the Chair shall follow the appointment process for any openings on the Commission and shall ensure that the proper and timely notification be given to the new and/or returning members following their appointment to the Commission. Section 10. Resignations. Persons resigning shall submit a written resignation to the commission on or before the next scheduled meeting. ARTICLE III - MEETINGS Section 1. Regular Meetings. The Commission shall meet on the second Thursday of January, April, July and October of each year. When the business of the Commission cannot PAGE 2 LINO LAKES CHARTER COMMISSION be appropriately handled at the quarterly meetings or business from a special meeting is not completed and necessitates additional meetings, the Commission shall establish, by resolution, a schedule of regular meetings. All meetings shall be held in the Lino Lakes City hall unless meeting notices state otherwise. All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes, Section 471.705). Section 2. Special Meetings. The Chair or any two (2) members of the Commission may call a special meeting to transact any business stated in the meeting notice in accordance with state law. Notice of the special meeting shall state the time, date, place and business to be conducted at the special meeting. Notices may be delivered or mailed to the member's designated mailing address at least three (3) working days prior to the special meeting. The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct additional business. Section 3. Quorum. The powers of the Commission shall be vested in the members thereof in office from item to item. A majority of qualified and acting members shall constitute a quorum for the purpose of conducting the Commission's business and exercising its powers and for all other purposes, but a smaller number of members may adjourn from time to time. Section 4. Order of Business. The Commission shall use the following order of business at its meetings: 1. Roll Call 2. Approval of Minutes 3. Reports of the Chair 4. Reports of Committees 5. Unfinished Business 6. New Business 7. Adjournment All resolutions shall be recorded in the minutes of the Commission meetings. The meetings will be conducted in accordance with Robert's Rules of Order, Revised, latest edition. Section 5. Manner of Voting. The voting on all questions coming before the Commission shall be recorded in the minutes, which shall state what was done and not what was said. The votes on resolutions, unless unanimous, shall state the number of "ayes" and "nays" and "abstentions". When a quorum is in attendance, action may be taken by the Commission upon a vote of the majority of the members present unless another provision of these by-laws specifically states otherwise. Section 6. Committees. The Commission may establish and appoint committees. Each committee must designate a Chair. Section 7. Discharge of Members. Any member who has failed to attend two (2) consecutive meetings without being excused by the Commission shall be discharged according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended. PAGE 3 LINO LAKES CHARTER COMMISSION Article IV - Amendments Section 1. Amendment Procedure. The Commission by-laws may be amended by a resolution, made in writing, and adopted by a two-thirds majority vote of qualified and acting members at a properly noticed meeting of the Commission. The Secretary shall number each amendment, noted the date of adoption, and have it distributed to the members and the City Officers. Section 2. Records. The Chair shall ensure that each member received a copy of the City Charter and the Commission by-laws. The City Charter, the Charter Commission by-laws and the Charter Commission minutes shall be kept on file at the City Offices and made available for public review. ADOPTED: April 28, 1994 Amendment No. 1, July 11, 1996 Amendment No. 2, July 13, 2000 Amendment No. 3, January 8, 2004 Amendment No. 4, April 12, 2007 Amendment No. 5, July 8, 2010 AMENDMENT NO. 1 - JULY 11, 1996 Article I, Section 4. Members. The Commission is composed of 15 members. Member terms are for four (4) years starting on January 1 and members shall serve their terms until their successors are appointed and have qualified, subject to state law. Article II, Section 7. Elections. The Chair, Vice -Chair and Secretary shall be elected from among the members of the Commission at the first meeting after January 1 in even -numbered years and shall hold office for two (2) years or until their successors are elected and qualified .. . "Bold" color indicates the change or changes. PAGE 4 LINO LAKES CHARTER COMMISSION AMENDMENT NO. 2 - JULY 13, 2000 Section 9 of Article II was replaced. The original and replacement sections are as follows: Original Section 9. Appointments. The Chair shall notify the City Clerk -Treasurer at least three (3) months prior to the expiration of any seat on the Commission, of the names of the incumbents and their expiration of office date so that the Clerk -Treasurer may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify members eligible for re -appointment at this time. Replacement Section 9. Appointments. At least four (4) months prior to the expiration of any seat on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their expiration of office date so that the Clerk may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify the affected incumbents. Should a member not finish his or her term on the commission, the Chair shall notify the City Clerk of that opening immediately to allow for prompt filling of that position. Following notification of the City Clerk, the Chair shall follow the appointment process for any openings on the Commission and shall ensure that the proper and timely notification be given to the new and/or returning members following their appointment to the Commission AMENDMENT NO. 3 — January 8, 2004 In Section 4 of Article II the two occurrences of City Clerk -Treasurer were replaced with City Clerk. In Article II there are two headings labeled Section 9. The first was changed to Section 8. AMENDMENT NO. 4 — April 12, 2007 Article II, Section 2, amended as follows: Each year at the October on or before the April meeting, the Chair shall submit to the Commission for its approval, an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year. AMENDMENT NO. 5 — July 8, 2010 Article I, Section 1, is amended as follows: Section 1. Name of Commission. The name of the Commission is the "City Charter of Lino Lakes, Minnesota" "Lino Lakes Charter Commission". PAGE 5