HomeMy WebLinkAbout04-10-14 Charter MinutesCharter Commission
April 10, 2014
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APPROVED 1
CITY OF LINO LAKES 2
CHARTER COMMISSION 3
4
5
DATE April 10, 2014 6
TIME STARTED 6:30 p.m. 7
TIME ENDED 9:51 p.m. 8
MEMBERS PRESENT Aldentaler, Bartsch, Bretoi, Combs (arrived at 7:50 9
p.m.), Dahl, Damiani, Lyden, Poehling, Storberg, 10
Sutherland, Timm, Penn, Turcotte, and Helgemoe 11
MEMBERS EXCUSED Johnson 12
MEMBERS UNEXCUSED None 13
STAFF MEMBERS PRESENT City Clerk Julie Bartell and Charter Commission 14
Attorney Karen Marty 15
OTHERS PRESENT: Council Members Dale Stoesz, resident Dean 16
Hausladen, Ryan Howard of Quad Press, and Mayor 17
Jeff Reinert 18
19
20
CALL TO ORDER AND ROLL CALL 21
Chair Sutherland reconvened the meeting of the Lino Lakes Charter Commission at 6:30 p.m. on 22
April 10, 2014. 23
24
PLEDGE OF ALLEGIANCE 25
Chair Sutherland lead the Pledge of Allegiance. 26
27
SETTING THE AGENDA 28
Chair Sutherland advised of a letter available to coincide with agenda Item 6A. She asked that 29
Members updated their contact information. She also advised of a new method for making 30
motions in order to obtain the motion accurately. 31
32
Commissioner Dahl requested to add an item to the agenda to be considered as Item B2, Road 33
Email Presentation by Commissioner Dahl. 34
35
MOTION by Commissioner Penn, seconded by Commissioner Dahl, approving the April 10, 36
2014 agenda as amended. 37
38
Motion passed unanimously. 39
40
OPEN MIC/PUBLIC COMMENT 41
Dean Hausladen asked the Commission to do additional study before wasting any additional time 42
discussing a matter he believes is unnecessary. He referenced other cities that have made 43
changes to their Charter which were not beneficial and which he believed would also cause an 44
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increase to taxes. He stated that while he does not believe that the Charter amendment is 45
necessary he does acknowledge that the roads to need to be improved. 46
47
APPROVAL OF MEETING MINUTES 48
Chair Sutherland asked for corrections to the January 9, 2014 regular meeting minutes. She 49
noted line 51 through 54, noting that corrections were made to the October draft minutes and 50
therefore had been inserted in the draft minutes. 51
52
MOTION by Commissioner Timm, seconded by Commissioner Aldentaler, approving the 53
meeting minutes of January 9, 2014 as presented. 54
55
Motion passed 11-0-2. (Penn and Poehling abstained) 56
57
Chair Sutherland asked for corrections to the March 24, 2014 special meeting minutes. She 58
noted on lines 33-35 it should state, “…Turcotte, make a proposal to the City Council requesting 59
funds to cover the services per estimate provided by Attorney Marty for consulting on the 60
proposed amendments put together a request to the Council for $4,000 to continue the potential 61
review and changes to one of the two proposed amendments.” On line 37, it should state, “Chair 62
Sutherland abstained.” On lines 42-44, it should state, “…Bretoi suggested to move the joint 63
agenda item of discussing “vision of success” with the City Council to the July regular meeting 64
and obtain clarification as to the nature of the meeting postpone the agenda item around the 65
discussion of a quote “vision for success” with the Council to July 10th and that agenda item 66
would not exceed one hour.” On line 46, it should state, “Chair Sutherland abstained.” 67
68
MOTION by Commissioner Timm, seconded by Commissioner Penn, approving the special 69
meeting minutes of March 24, 2014 as amended. 70
71
Further discussion: Commissioner Dahl stated that she would like to review the changes and 72
asked that the vote be tabled until she could have additional time to review the changes. 73
74
Chair Sutherland asked if Commissioner Dahl would like to listen to the recording. 75
76
Commissioner Lyden provided his written notes on the motion that he made during the meeting. 77
78
The City Clerk provided input. 79
80
Chair Sutherland explained that the new process for submitting motions will help to alleviate 81
these issues in the future. 82
83
Commissioner Dahl noted on line 52 it should state, “MOTION by Commissioner Timm Lyden , 84
seconded by Commissioner Dahl Bretoi, to…” 85
86
Motion passed 9-2-1. (Turcotte, Dahl, and Bretoi opposed) (Helgemoe abstained) 87
88
UNFINISHED BUSINESS 89
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A. Action from March 24, 2014 Motion: Fund Request to Council 91
Chair Sutherland stated that her interpretation of the motion was to take the funding estimate to 92
the Council, which was $600, compared to the $4,000 that had been in the amended motion. She 93
advised that the $600 was approved by the City Council and explained that the decision would be 94
of the Charter Commission whether to accept the $600 or to deny the funds and bring the request 95
for $4,000 back to the City Council. 96
97
MOTION by Commissioner Timm, seconded by Commissioner Penn, that the Charter 98
Commission accept the $600 that was authorized by the City Council for this purpose and reserve 99
the right to re-approach the Council for an additional $3,400 for this purpose. 100
101
Further discussion: Commissioner Turcotte did not believe that this option should be exercised, 102
as he believed the intent of the Charter Commission was to request the full $4,000 to review the 103
amendments. 104
105
Chair Sutherland stated that the Charter Commission can either decide to accept the $600 to 106
allow Attorney Marty to continue to work on this issue or the Commission can deny the funds 107
and make a request for $4,000. 108
109
Commissioner Lyden stated that when he proposed the $4,000 he believed that to be a reasonable 110
amount to request. He noted that anything not used would not be spent. 111
112
Chair Sutherland acknowledged that this was her mistake. 113
114
Motion passed 7-6 (Aldentaler, Damiani, Bretoi, Lyden, Turcotte and Dahl opposed) 115
116
B. Action from March 24, 2014 Motion: Joint Agenda Item for July 10, 2014 Meeting 117
Chair Sutherland stated that when she met with the City Council they were willing to the joint 118
agenda item for the July 10, 2014 meeting, forgoing the facilitator. She explained that the 119
Council would like to focus on how the two bodies can communicate more effectively and the 120
meeting would exclude discussion regarding the amendment. She confirmed that this agenda 121
item would be one hour in length in addition to the regular meeting of the Charter Commission. 122
123
124
B2. Road Email Presentation from Commissioner Dahl 125
Commissioner Dahl provided a copy of email communication between herself and City 126
Community Development Director Michael Grochala where she had requested a list of 127
Minnesota State Aid (MSA) roads within the City and he provided that information. She 128
referenced the timeline of repairs listed and did not believe that the roads are holding up as well 129
as they should be. She believed that MSA roads are only allowed to be repaired using MSA 130
funds. She believed that she needed additional information on the roads listed for repair and the 131
designation of MSA. 132
133
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Chair Sutherland confirmed that Commissioner Dahl wanted clarification on why MSA roads are 134
included on this list. She also noted that the last full reconstruction of an MSA road was ten 135
years ago and questioned where those funds are. 136
137
Commissioner Lyden explained that there will be different methods for fixing different roads. 138
He acknowledged that some of the roads are MSA roads. He referenced a financial report that he 139
was able to find online dated December 31, 2012 that specified that the MSA fund balance was 140
$5,000,000. He stated that if the MSA funds were used to fix residential roads, about five miles 141
of roads could be fixed. He advised that the City can also bond and use other creative financing 142
to fix the roads. He advised that bond funds were used to purchase recreational land. He 143
believed that if the reconstruction of the Shenandoah neighborhood roads were included on the 144
ballot that question would be approved the next year. 145
146
C. Discussion of City Council Proposed Charter Amendments 147
Chair Sutherland advised that included in the Commission packet were the proposed Charter 148
amendments as discussed at the special meeting of March 24, 2014. She stated that the City 149
Clerk was able to provide timeline references for the Commission as requested to better 150
understand the timing allowed for review. 151
152
The City Clerk provided additional information from the County regarding the process for 153
Charter amendment elections. She noted that amendments can be requested by the City Council, 154
by citizen petition, by the Charter Commission by Ordinance, and for the Charter Commission by 155
election. She reviewed the timeline, noting that the 60 day review period will expire on May 156
12th, and advised that the Charter Commission can either make a decision by that time or pass a 157
resolution requesting an additional 90 days for review. She explained that if the 90-day review 158
period is requesting the definitive deadline would be August 11th. She advised that the City 159
Council would then have approximately 11 days to submit the official language for ballot 160
election to the County by August 22nd. She explained that if the Charter Commission wished to 161
request an amendment of their own to the Charter, the deadline for language submittal to the City 162
would be July 8th. 163
164
Commissioner Dahl Charter requested additional information on the option for the Charter 165
Commission to pass an amendment by ordinance. 166
167
The City Clerk explained the process and provided an example that took place the previous year, 168
noting that unanimous vote of all Charter Commission members and City Councilmembers 169
would be necessary to pass an amendment by ordinance. She noted that registered voters could 170
still request a referendum on the amendment by bringing forth a petition that meets the minimum 171
number of signatures. 172
173
Commissioner Penn questioned if Attorney Marty would be providing her recommendations on 174
the amendments to the Commission. 175
176
Attorney Marty stated that she could review strengths and weaknesses of each amendment, 177
noting that she does have some reservations on each amendment. She referenced amendment 3-178
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14, which was described to be the existing Charter with a slight change to allow overlays. She 179
stated that she found the amendment to be more extensive than that. She stated that while she 180
does like the additional definitions, she also found conflicting information between different 181
sections 8.01.4 and 8.02.1. She explained that the proposed changes to section 8.02.1 would 182
create a strange combination of State law and the Charter and reviewed differences between the 183
Charter and the process identified under State law. She referenced subdivision four and noted 184
that the amendment would allow the City Council to adopt the resolution ordering the local 185
improvement at any time after six months of the date of the hearing, whether objection is made 186
or not. 187
188
Chair Sutherland stated that the Council would still have the ability to vote and move forward on 189
an improvement even if objection is made at the hearing. 190
191
Attorney Marty confirmed that the Council could simply adopt the item. She continued to review 192
differences between the existing Charter and the amendment, noting that she would simply like 193
to alert the Commission to the proposed changes so they could be better informed. She 194
referenced proposed amendment 4-14 explained that rather than having the provisions and 195
definitions pulled out front this amendment basically rewrites the Charter. She referenced one 196
specific change, which states that street reconstruction and bituminous overlays may be done. 197
She explained that street reconstruction is very expensive. 198
199
Chair Sutherland stated that a main concern of the Commission was that there are a considerable 200
amount of residents that have their own septic and well systems that do not want to be in the 201
situation where they are forced to upgrade to City services simply because of a street 202
reconstruction project. She questioned if that situation would occur as these amendments are 203
written. 204
205
Attorney Marty stated that there is not language included that addresses connection to City 206
utilities. She advised that the item could be included in an ordinance of this nature but advised 207
that was not included in this ordinance. 208
209
Commissioner Combs arrived. 210
211
Commissioner Bretoi questioned if there is language that defines road reconstruction. 212
213
Attorney Marty stated that street reconstruction has a generally understood meaning. She stated 214
that perhaps the residents would like a definition of a scope of a project to specify simply the 215
street and not additional items such as utilities or a trail. 216
217
Commissioner Turcotte questioned if there is language included in the current Charter that would 218
include reconstruction of roads. 219
220
Attorney Marty explained that the standard assessment process cannot be followed and therefore 221
the Charter provision has to be followed which could be voted down on the ballot. She 222
explained that a special assessment is completed for reconstruction because the adjacent 223
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homeowners are provided a larger benefit. She advised that roads can be constructed between 18 224
and 66 feet in width, noting that MSA roads would have specific standards. She was not aware 225
of a State law that would specify street width. She noted that cities adopt ordinance that specifies 226
street widths but noted that variances can be issued. 227
228
Commissioner Storberg questioned which amendment would be better for the Charter 229
Commission and Lino Lakes residents and whether additional language should be added to the 230
existing Charter to allow for road projects. 231
232
Attorney Marty stated that it appears the main issue that comes back is that some residents really 233
want to see roads improved while others are afraid that the City would be able to overbuild 234
roadways. She noted that there is nothing included in these amendments that deal with that issue 235
and advised that it appears the existing Charter is overkill as it is pretty easy to stop any project. 236
She stated that this Charter is not all that different from other Charters and does not make it 237
harder to bond but simply makes the bonds more expensive. She confirmed that bonding would 238
be an option under the existing Charter. She believed that amendment 3-14 would be closer to 239
the existing Charter than 4-14. She stated that if the Commission wished to move forward with 240
amendment 4-14, she would recommend changes to the proposed language. 241
242
Commissioner Lyden stated that his opinion is that government should exist to serve the people. 243
He acknowledged that while road improvement is needed, he also believed that MSA funds and 244
bonding could be used to repair roads as well as street reconstruction bonds and utility bonds. 245
He explained that these methods could be utilized without requesting a vote of the people. 246
247
Attorney Marty confirmed that there are a lot of tools that could be used to repair roads under 248
State law that exist in conjunction with the current Charter. She explained that the current 249
Charter would provide a lot of protection as to what could occur and would provide the 250
maximum amount of protection from taxes being raised but noted that a compromise could 251
probably be made. 252
253
Commissioner Bretoi referenced the proposals that were brought forward by the Charter 254
Commission in 2007 and asked the opinion of Attorney Marty on those changes. 255
256
Attorney Marty noted that the proposed changes in 2007 did clarify chapter eight. 257
258
Commissioner Bretoi stated that it was his opinion that in the past several years the City Council 259
has brought forward several amendments and asked to review them under duress and without 260
appropriate legal review. He stated that after review when the Commission did provide 261
appropriate comment to the Council proposals the language was not accepted. He did not believe 262
that these amendments should be considered and instead believed the Commission should review 263
the work completed in 2007. 264
265
Attorney Marty stated that the proposed amendments and the current Charter do not have the 266
balance that would allow a project to move forward without inclusion on the ballot, if properly 267
defined, wanted, and if special assessments were within an acceptable range. She believed that 268
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the Council may be in agreement with that language that would also work with the intent that 269
road projects not be forced. She suggested keeping part of amendment 3-14 and amending 270
certain parts; keeping provisions one, two, three and changing provision four. She was unsure 271
the remaining provisions would be needed and instead would add the additional option 272
mentioned. She confirmed that the language between the current Charter and amendment 3-14 273
could be merged along with the discussion mentioned. She confirmed that she could also review 274
the work from the Charter Commission in 2007. 275
276
Commissioner Bartsch questioned if a neighborhood could request bonding for a road 277
improvement through a request to the City Council. 278
279
Attorney Marty confirmed that would be an allowable option under the existing Charter. 280
281
Commissioner Lyden questioned if there is a format to ask additional legal questions should 282
Commissioners think of them after the meeting. 283
284
Attorney Marty stated that typically it is best to funnel questions through one person to ensure 285
that there are not duplicate questions being asked to her. 286
287
MOTION by Commissioner Storberg to instruct Attorney Marty to research additional 288
information that the Charter Commission could use to draft a proposed amendment that would 289
allow street reconstruction as discussed without requiring a referendum. 290
291
Motion failed for lack of a second. 292
293
MOTION by Commissioner Timm, seconded by Commissioner Damiani, to extend the review 294
period by an additional 90 days to review the Charter amendments. 295
296
Further discussion: Commissioner Timm stated that the Charter Commission must make a 297
decision prior to May 12th or would have to extend the review period by an additional 90 days. 298
299
Commissioner Bretoi believed the motion should be contingent upon additional funding from the 300
City Council to fund the legal review that would be necessary. He stated that he would be in 301
agreement with treating the issues separately but did not want to spend an additional 90 days 302
reviewing this information if the additional funds were not approved by the Council. 303
304
Commissioner Timm explained that whether additional funding is gained or not a decision would 305
still be needed. She advised that if the review period is not extended tonight, the decision would 306
need to be made tonight on the amendments, as the Commission will not meet again prior to the 307
expiration of the 60 days review period. 308
309
Chair Sutherland confirmed that if the decision is not made to extend the review period a 310
decision would then need to be made as to whether to accept or deny the amendments as there 311
would not be sufficient time to craft alternative language prior to the expiration of the 60-day 312
review period. 313
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314
Attorney Marty stated that the Charter is not clear on what would happen if the Charter 315
Commission does not respond but advised that the typical response would be that if the 316
Commission did not act the Council would be able to include their amendment on the ballot as 317
they wish. 318
319
Motion passed 11-1-2. (Turcotte opposed) (Poehling and Bartsch abstained) 320
321
NEW BUSINESS 322
323
A. Researching Attorney’s for Future Frame and Amendment of Charter 324
Attorney Marty stated that it if the Commission chooses to move forward with her as an attorney 325
on this issue it would be helpful for her to meet with as many Commissioners that desire through 326
a special meeting to discuss the scope of the allowed special assessment projects in order to gain 327
additional input from the Commission. She stated that it may also be helpful to have an expert 328
on cities as well as special assessment and road projects. 329
330
Commissioner Storberg commended Attorney Marty for her work. 331
332
MOTION by Commissioner Penn, seconded by Commissioner Dahl, to express appreciation for 333
the work Attorney Karen Marty has contributed on behalf of the Charter Commission. 334
335
Motion passed unanimously. 336
337
Commissioner Poehling questioned the scope of work that would be included for Attorney 338
Marty. 339
340
Chair Sutherland noted that direction will be given to whichever attorney the Commission 341
chooses to move forward with. 342
343
Attorney Marty asked for any negative feedback the Commission may have should they choose to 344
move forward with another attorney. 345
346
Chair Sutherland explained that when previous amendments had been proposed by the Charter 347
Commission by use of Attorney Marty the City Council has denied those amendments and the 348
work has been called unconstitutional by other attorneys. She stated that perhaps another 349
attorney could assist in changing the atmosphere of review by the City Council. 350
351
Attorney Marty commented that she drafted what she was asked to draft without changing the 352
intent of the Commissioners. She noted that there will always be differences of opinion between 353
attorneys. She reviewed her career experience working internally for cities as well as externally 354
for cities through her private practice. 355
356
Chair Sutherland briefly recessed the meeting at 8:50 p.m. 357
358
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Chair Sutherland reconvened the meeting at 8:56 p.m. 359
360
Commissioner Timm referenced the March 24th special meeting at which time there was 361
discussion regarding researching options for alternate attorneys. She explained that the intent 362
was not to disrespect Attorney Marty but to simply investigate options. She stated that she did 363
visit the League of Minnesota Cities website, noting an item offering Charter Commission 364
assistance. She confirmed that the City is a member of the League of Minnesota Cities. She 365
reviewed the aspects that the League of Minnesota Cities could provide to Charter Commissions 366
at no cost. She advised that the League of Minnesota Cities will not advocate and will only 367
provide viewpoint neutral information. 368
369
Commissioner Penn stated that she was not able to find a specialty attorney. 370
371
Commissioner Storberg commented that the League of Minnesota Cities did not provide any help 372
to the Charter Commission in the past; noting that both the League of Minnesota Cities and City 373
Attorney are paid for by the City. 374
375
Commissioner Damiani stated that the Charter Commission only has 90 days to review the 376
amendment and did not believe there was sufficient time to also investigate new attorneys. 377
378
MOTION by Commissioner Bretoi, seconded by Commissioner Turcotte, to retain Attorney 379
Karen Marty as the Charter Commission Attorney. 380
381
Further discussion: Commissioner Penn stated that Attorney Marty has a tremendous amount of 382
history and for that reason could be a great resource for the Commission. 383
384
Commissioner Poehling believed that specific direction should be given to Attorney Marty. 385
386
Motion passed 12-2. (Poehling and Bartsch opposed) 387
388
B. Letter to the Chief Judge of the 10th Judicial District 389
Commissioner Timm provided corrections to the letter noting the title should state, “…the 390
Honorable Judge John C. Hoffman…” She referenced another section of the letter which 391
references the membership requesting the letter state after except for the last quarter, after a 392
Commissioner Zastrow past passed away.” She referenced the meetings section of the letter 393
noting that the April 23, 2013 meeting should be struck from the letter because the meeting was 394
canceled due to snow. She referenced the minute portion and believed that the language should 395
read “…a Charter Commissioner now records the minutes…” Under Commission activity it 396
should read, “The Commission requested secretarial services from the City Council. The 397
Council decided to pay for TimeSavers for two meetings in the year 2013.” She requested to 398
strike the last sentence from that section entirely. She also noted that the attachments referenced 399
should be included in the mailing. She noted that City should be capitalized in the first 400
paragraph on the second page. She referenced the five-year plan section and believed that should 401
read, “2013: no vote has been taken on the five year plan by the City Council.” She believed the 402
remaining statements should be stricken as this report is simply for 2013 and not previous years. 403
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404
Commissioner Helgemoe left the meeting at 9:20 p.m. 405
406
Commissioner Turcotte provided alternate language to include for that item and it was the 407
consensus of the Commission to amend the language as “2013 the City Council has not adopted 408
the five year plan.” 409
410
Commissioner Bretoi thanked Commissioner Timm for her efforts. 411
412
MOTION by Commissioner Lyden, seconded by Commissioner Bretoi, to submit the letter as 413
amended. 414
415
Motion passed unanimously. 416
417
Chair Sutherland confirmed that an amended version of the letter will be sent to the Commission. 418
419
C. Presentation of Proposed Charter Amendment – Commissioner Turcotte 420
Commissioner Turcotte stated that he would forgo the presentation due to lack of time but 421
wanted to gain consensus from the Commission that they will read the information submit in 422
order to present an amendment which could be placed on the ballot. 423
424
Chair Sutherland noted that if the Charter Commission wished to include language on the ballot 425
that information would need to be submit to the City by July 8th, which would be prior to the next 426
regular meeting of the Commission. She noted that a special meeting could be held. 427
428
Commissioner Turcotte stated that he reviewed different Charter cities and noted that most of 429
those cities are divided into wards in order to provide localized representation. He explained that 430
Councilmembers would be elected through each ward and advised that some cities have at large 431
positions as well. He believed that the Mayor should be at large while the four Councilmembers 432
would be elected by each of the four wards. He did not believe that accurate representation is 433
being provided on the City Council and believed that this method would provide more equal 434
representation. 435
436
Chair Sutherland confirmed that there are eight precincts. 437
438
Commissioner Turcotte confirmed that he would determine if the eight precincts could be 439
combined together to create four wards. He believed that Attorney Marty could then be directed 440
to prepare the proposed language for the ballot. 441
442
Chair Sutherland confirmed that July 8th would be the deadline for language for ballot 443
submission. She confirmed that the Commission would like to hold a special meeting to discuss 444
ballot language and potential amendments. She advised that she will poll Commissioners to 445
determine the best date. 446
447
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MOTION by Commissioner Bretoi, seconded by Commissioner Aldentaler, to schedule a special 448
meeting to discuss the issue of wards and time permitting to discuss the proposed amendments. 449
450
Further discussion: Commissioner Dahl stated that perhaps it would be helpful to have a 451
Subcommittee to further discuss the issues. 452
453
Commissioner Storberg questioned if there were additional funds for Attorney Marty and 454
TimeSavers. 455
456
Chair Sutherland noted that the funds have already been budgeted for the review of amendments. 457
She stated that she would have to double check with the City Clerk regarding the status of 458
TimeSavers attending a special meeting but noted that she would prefer to have TimeSavers 459
attend a special meeting. 460
461
Commissioner Poehling stated that the Commission already has two difficult amendments to 462
review and comment on and did not believe there would be sufficient time to review another 463
option in order to place the item on this year’s ballot. 464
465
Commissioner Dahl stated that this issue has been brought forward in the past but had never been 466
fully discussed because of other items that were given higher priority. 467
468
Motion passed 6-5-2 (Combs, Penn, Storberg, Poehling, Bartsch opposed) (Sutherland and Timm 469
abstained) 470
471
Chair Sutherland noted that she will use the same scheduling tool that was used to schedule the 472
previous special meeting. 473
474
NOTICES AND COMMUNICATIONS 475
476
A. February 3, 2014, RE: Pavement Management Program Process 477
B. March 3, 2014, RE: Charter Amendment/Street Reconstruction Plan 478
C. Street Reconstruction Plan, February 24, 2014 479
D. Lino Lakes Home Rule Charter, Updated January 13, 2014 480
481
NEXT MEETING DATE 482
Chair Sutherland noted the next meeting date is Thursday, July 10, 2014. She advised that up to 483
one hour would be used to discuss the joint agenda item with the City Council and the remaining 484
time would be used to discuss the regular agenda. 485
486
ADJOURN 487
MOTION by Commissioner Bretoi, seconded by Commissioner Dahl, to adjourn the meeting at 488
9:51 p.m. Motion carried unanimously. 489
490
Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 491