Loading...
HomeMy WebLinkAbout07-08-2010 Council Minutes JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 SPECIAL JOINT MEETING 4 WITH THE LINO LAKES CHARTER COMMISSION 5 6 DATE : July 8, 2010 7 TIME STARTED : 6:40 p.m. 8 TIME ENDED : 9:58 p.m. 9 MEMBERS PRESENT : Council Members Rafferty, Gallup, 10 O'Donnell, Roeser and Mayor Reinert 11 MEMBERS ABSENT : none 12 CHARTER COMMISSION 13 MEMBERS PRESENT : Commissioners Carlson, Dahl, Drennen, 14 Gunderson, Lyden, Minar, Penn, Storberg, 15 Trehus, Turcotte, Williams 16 CHARTER COMMISSION 17 MEMBERS ABSENT : Commissioners Aldentaler, Bretoi, 18 Sutherland and Zastrow (all excused) 19 20 Staff members present: Acting City Administrator Dan Tesch; Community Development 21 Director Michael Grochala 22 23 The joint meeting of the Lino Lakes City Council and Charter Commission was called to 24 order and roll call was taken and the Pledge of Allegiance was recited. 25 26 There was no public comment offered during the open mike period. 27 28 Charter Commission Chair Dahl first noted that she would like for the meeting to remain 29 respectful at all times. 30 31 Charter Agenda for Joint Meeting with City Council. 32 33 Old Business 34 35 A. Charter Budget. 36 37 Chair Dahl distributed information (state statute information on charter commission 38 budgets). She noted that the Charter Commission has in the past asked for more funds in 39 their budget to work on charter amendments. The answer that the Commission received 40 was that the council is not allowed to exceed the $1,500 budget allowed by state statute. 41 The statute does state, however, that the council may authorize additional expenses as it 42 deems necessary. Chair Dahl noted that the Commission received an estimate from their 43 attorney of$5,000 to work on three charter amendments and they did submit that to the 44 council 45 1 JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8,2010 APPROVED 46 Mayor Reinert explained that the council understands their ability to authorize additional 47 funds to the commission but historically the desire has been to lay out a procedure to look 48 at those situations when the Commission requests additional funds. This is a good 49 opportunity to discuss, between the two groups, such a procedure or the commission 50 could submit a proposal for a procedure to the council for consideration. 51 52 Commissioner Lyden noted the historical budget information before the group that 53 indicates the regular need for more than $1,500 per year. He suggests that $6,000 to 54 $8,000 per year would allow the commission to function as it should. 55 56 Council Member Roeser suggested that the council considers the city budget on a line 57 item basis with the bottom line impacting the tax rate/levy. To be consistent, he'd like to 58 see the charter budget presented in that line item fashion. 59 60 Council Member Rafferty said the council must be stewards of the city budget and 61 especially conscientious during these current difficult economic times so he is watching 62 individual budgets, including the council, police department and charter commission very 63 carefully. Establishing a procedure to consider needs seems appropriate. 64 65 Commissioner Drennen said he finds it entirely reasonable to ask the commission to put 66 together a line item budget and the idea of an established procedure for budget requests 67 seems appropriate also. 68 69 Commissioner Carlson remarked that historically also there was substantial funding spent 70 by the council to audit the commission and there was a need for the commission to get 71 their own legal advice in that area. Any procedure for funding would have to recognize 72 that type of circumstance. 73 74 Commissioner Trehus noted that the audit was done by a charter-busting attorney so he 75 questions the motive. Back to the charter budget, historically the commission has 76 received in the area of$5,000 per year regularly and many times money was returned to 77 the general fund. The commission provides a vital check and balance approach to city 78 government and should receive adequate city funding. 79 80 Commissioner Storberg suggested that an annual budget figure be established but that the 81 commission be allowed to roll that over for times when there is more work. 82 83 Council Member O'Donnell suggested that the council is about to enter the 2011 budget 84 cycle and they would welcome communication from the commission about their 2011 85 needs and it would be helpful to see it on a line item basis. 86 87 Chair Dahl noted that there is currently a"lock" on the 2010 charter budget so that they 88 are not allowed to expend any funds. Neither council members nor the acting city 89 administrator were aware of the situation. Chair Dahl will review the minutes to confirm. 90 2 JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8, 2010 APPROVED 91 Commissioner Drennen noted there are some old concerns that have come up and that's 92 to be expected but he for one is interested in keeping the conversation going and 93 continuing to have joint meetings. 94 95 The group agreed that the time frame for submitting a proposed budget should be within 96 the budget discussion cycle—early in August would be appropriate. 97 98 B. Unpaid bill from Attorney Marty. 99 100 Commissioner Gunderson explained the current status of the commission's account with 101 their attorney, Karen Marty, is that most of the outstanding balance is owed in 102 conjunction with the commission's response to the city's audit and that when the 103 commission was asked to spend no more money (August of 2009) there were no 104 additional expenses incurred. The charges on the bill were at one time separated 105 according to what was for framing and amending and that portion was paid at the end of 106 2009 and the remaining balance is $1,463.05. The commission is looking for a resolution 107 on this bill; the attorney did put in the work and she would have the option of coming to 108 the city for payment. She believes that the statute allows the city to pay if the council 109 deems it necessary. 110 111 Mayor Reinert recalled that the council has paid some of the Marty bills and he was 112 supportive of paying the bills so that the council and the commission could move to 113 working together. The city attorney has since opined, however, that it is illegal for the �- 114 council to pay this bill. 115 116 Commissioner Carlson suggested that it would be helpful to see some legal precedence 117 on that opinion. 118 119 Mayor Reinert agreed to have the attorney look at the question again and provide some 120 legal precedent. 121 122 Chair Dahl pointed out that the commission will have difficulty moving ahead until this 123 bill is paid and would appreciate a legal review and another opinion. 124 125 C. Code of Conduct/Conflict of Interest 126 127 Commissioner Gunderson explained that the commission at one time decided to review 128 the code of conduct language in the city code especially in light of their desire to have a 129 code for the commission. In reviewing the language, they could see it needs some 130 revision and have drafted some language; they'd like additionally to get input from the 131 council. The draft was compiled using codes from other cities. 132 133 Mayor Reinert noted that the passing of laws, policies, and ordinances are generally 134 approached to solve a problem or to pave the way to improvement. There is a code of 3 JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8,2010 APPROVED 135 conduct in the code and as well a council produced code from 2006 and he doesn't see an 136 issue with what's in place or issues in the area of conduct. 137 138 Commissioner Dahl explained that there didn't seem to be any language on conflict of 139 interest and as well they have found in doing research that some codes seem to cover 140 better the boards and commissions. 141 142 Commissioner Drennen noted that the language doesn't include the words "conflict of 143 interest" or deal with gifts and favors. That isn't seen as strong enough. 144 145 Mayor Reinert suggested that if the language isn't complete, then perhaps an update is 146 possible. 147 148 Council Member O'Donnell suggested that bringing the codes of conduct together is a 149 fine idea but in the interest of maintaining the original intent of the code that the council 150 adopted which was to focus on how the council interacts within its body and with staff 151 and he wouldn't want to see that intent lost with any revisions. 152 153 Commissioner Lyden remarked that a change in the enforcement process may be 154 warranted; the body policing itself doesn't always work well. 155 156 D. Tax Cap Amendment—Commissioner Trehus noted the information provided in the 157 packet that indicates that the increases in the city levy have outgrown the population �-- 158 increases. A number of cities in the region have enacted measures to cap tax increases. 159 Lino Lakes is a little different in that there is no budgeting for road improvements and so 160 he has added an estimated cost for those improvements into his figures. He feels the cap 161 is a strong need with the pending end of the state levy limits. When looking at the 162 adopted levy for 2008-2010, Mr. Trehus complimented last year's council for decreasing 163 the 2010 levy. 164 165 Council Member Rafferty distributed a recent Letter to the Editor written by 166 Commissioner Trehus on the subject of the tax levy. He asked to use the letter as grounds 167 for gaining more information and he has noted that on the back of the handout. He has 168 spoken with staff for additional information on some of the elements—population, city 169 budget ten years back, comparison of dollars and cents over the years, and particular 170 impacts on the budget over those years. It's important to take a historical view of the 171 information with clarity on what the budget has had to support over the period in 172 question. 173 174 Mayor Reinert noted that tax caps can look like a great idea on the surface but can 175 sometimes end up choking a city. For instance a cap could prevent an investment in 176 maintaining roads that pays off big in the long run. He identifies himself as a fiscal 177 conservative and understands a tax cap can look like a great idea but the whole picture is 178 important. The electorate can remove officials who are not taxing appropriately. He 179 doesn't see a problem to solve with tax cap right now. 4 JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8,2010 APPROVED 180 181 Commissioner Minar noted that he has seen city employee salary information that `w, 182 indicates there is a problem; the salaries are too high and there are people who would do 183 the jobs for less. Public employees should not be making more than their private sector 184 counterparts. Regarding road maintenance, it can be funded properly within a reasonably 185 reduced budget. 186 187 Council Member O'Donnell suggested that staff could be hired at a lower salary but the 188 full picture includes consideration of what staff brings to the city, i.e. the city's high bond 189 rating saves the city lots of money. Regarding the subject at hand, a tax levy, he doesn't 190 have a problem seeing it considered if that is a goal of the commission and it is best for 191 the citizens. 192 193 Commissioner Gunderson suggested that the commission's goal isn't necessarily to go 194 out with a referendum on the question. The goal is to make sure there's a cap when the 195 state's levy limit requirement expires to protect the taxpayers of the city. 196 197 There was discussion between the council and commissioners about the city's obligations 198 related to the Legacy at Woods Edge area and the possibility of an impact on city taxes. 199 200 Chair Dahl thanked the council for input on this item indicated that the commission will 201 keep the matter(tax cap) on their agenda. 202 203 New Business 204 205 A. Road Improvements—How do we get there? (Council initiated agenda item) 206 1 a. Joint Subcommittee (Council initiated agenda item) 207 208 Mayor Reinert asked if the commission feels that there is a problem with current process 209 for reconstructing roads. He noted that there has been one road reconstructed in the last 210 twenty years but information would seem to indicate that while it's not an emergency, 211 more work is needed. There have been failed referendums. He is interested in hearing 212 the commission's viewpoint and any suggestions. 213 214 Commissioner Turcotte noted that he has reviewed the city's Pavement Management Plan 215 and would like an explanation of the city's maintenance program. Community 216 Development Director Grochala explained the city's current program of sealcoating and 217 overlay, noting that there are streets in the city that are past the point where either of those 218 processes would be helpful. 219 220 Council Member O'Donnell noted that it is good that the city has a pavement 221 management plan but bad that it hasn't been fully funded (although full funding is in 222 place again recently). In regard to the work that was done in the past (by the citizens task 223 force) to address the matter of reconstructing the city's roads, he'd like to leverage that 5 JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8,2010 APPROVED 224 work because it was beginning to bring the council and the commission together toward a 225 solution. Can that language be explored again? 226 227 Commissioner Drennen noted that he feels the crux of the issue is how does the city get 228 to the issue of citizens paying for streets that don't benefit them because that seems like 229 taxation without representation. 230 231 Commissioner Trehus added that it isn't accurate to always refer to the projects as "road 232 reconstruction"because in many cases the proposed projects include other improvements. 233 He is also concerned that the lack of sewer and water utilities can affect a roadway's 234 rating in the pavement management plan. 235 236 Mayor Reinert asked for input on the idea of forming a subcommittee to work on a 237 proposal, including using the work that has already been done on the subject. 238 239 Commissioner Lyden suggested that the solution could be to fund necessary road 240 reconstruction by making city budget cuts. 241 242 Mayor Reinert suggested that he is confident there is a better way to do things and he 243 thinks a subcommittee is a good way to look for that information. 244 245 Council Member Roeser noted that he is very committed to reducing the cost of 246 government and to keeping taxes down. There needs to be a way to handle road work and 247 the concept of bringing people together, using the information already on the table, seems 248 appropriate to him. 249 250 Commissioner Gunderson pointed out that in discussing the history of the matter it should 251 be noted that the only road project to go to referendum is somewhat unique (not a 252 thoroughfare, water and sewer) and considering that should be part of the equation. The 253 Mayor suggested that most of the roads in town fit that description however. 254 255 Commissioner Carlson remarked that history is speaking loudly in the area of what the 256 citizens want. The commission already gave the council a good proposal that was 257 rejected. 258 259 Commissioner Drennen said he feels it is appropriate to look forward on the matter and 260 he hopes that the commission will be discussing if and who for a subcommittee at their 261 regular meeting. 262 263 Chair Dahl remarked that the discussion shouldn't be about whether or not the charter 264 works because it does. She doesn't support a subcommittee at this time because some 265 charter members are absent, the concept wasn't commission initiated, and the idea needs 266 to be fully discussed. The charter commission is doing other good work for the citizens 267 in the meantime. 268 6 • JT CITY COUNCIL/CHARTER COMMISSION MEETING July 8,2010 APPROVED 269 The Mayor concluded that it doesn't appear as if the commission feels there is a problem 270 to be solved so that answers his initial question. 271 272 Commissioner Drennen suggested that he feels that the commission's message is that 273 they are open to the idea of a subcommittee and would like to discuss it further. 274 275 Commissioner Minar moved to thank the three council members who attended. The 276 motion was seconded by several commission members. The motion was adopted by the 277 commission. 278 279 A motion by Commissioner Minar, seconded by Mayor Reinert, to adjourn at 9:58 p.m. 280 was approved. 281 282 The charter commission continued with their meeting. 283 284 These minutes were considered, corrected and approved at the regular Council meeting held on 285 September 13, 2010. 286 287 The draft minutes were also presented by the City Clerk to the Charter Commission for 288 their future consideration. 289 290 `t n 291 C, �. 292 Julianne Bartell, City Jerk Jeff 'einert, Mayor 7