HomeMy WebLinkAbout03-30-2017 Charter MinutesCharter Commission
March 30, 2017
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APPROVED 1
CITY OF LINO LAKES 2
CHARTER COMMISSION 3
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DATE March 30, 2017 7
TIME STARTED 6:40 p.m. 8
TIME ENDED 7:23 p.m. 9
MEMBERS PRESENT Dahl, Damiani, Devaney, Johnson, Lyden, Stanek, 10
Storberg, Stranik, and Vanderpoel 11
MEMBERS EXCUSED Aldentaler, Bretoi, Juni, Turcotte 12
MEMBERS UNEXCUSED Combs and Poehling 13
STAFF MEMBERS PRESENT None 14
OTHERS PRESENT: None 15
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CALL TO ORDER AND ROLL CALL 18
Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:40 pm on March 19
30, 2017. 20
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PLEDGE OF ALLEGIANCE 22
Chair Dahl lead the Pledge of Allegiance. 23
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SETTING THE AGENDA 25
Agenda was accepted as presented without additions. 26
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OPEN MIC/PUBLIC COMMENT 28
No one present opted to speak for the open mike. 29
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APPROVAL OF MEETING MINUTES 31
Chair Dahl noted on page three, line 121, it should state, “Chair Dahl stated that in the past all 32
three Officers of the Commission have signed agreements but noted that she could sign the 33
agreement, as the Chair, if the Charter Commission was comfortable with that asked if the 34
Charter Commission would be comfortable with the Chair signing the contract or whether all 35
three officers should sign the contract.” 36
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MOTION by Commissioner Stranik, seconded by Commissioner Lyden, approving the meeting 38
minutes of February 23, 2017 as amended. Motion passed unanimously. 39
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OLD BUSINESS 41
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A. Attorney for Charter Commission 43
Chair Dahl stated that she had thought that there would be a signed agreement by this time but 44
noted that the agreement that she received from the potential attorney was drafted more as 45
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March 30, 2017
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someone that would serve as the City Attorney rather than an attorney assisting the Charter 46
Commission. She explained that the potential attorney was requesting $5,000 and would keep 47
any unused funds. She stated that she responded to the potential attorney explaining that because 48
this is taxpayer money they would need any unused funds returned. She stated that the potential 49
attorney did agree to the amount of $1,500 but the agreement did not specify that amount. She 50
noted that she also stated that she was not sure that the Commission would agree to a retainer. 51
She noted that she also told the potential attorney that in the past previous legal representation or 52
potential legal representation have come to a Charter Commission meeting to answer any 53
questions the Commission may have at no charge. She stated that she thought that the potential 54
attorney was going to attend the meeting tonight but noted that she was unable to confirm the 55
meeting. She stated that she did forward the potential ward amendment along with the language 56
and comments from the City Attorney to the potential attorney. She stated that if the 57
Commission desires she could go to the potential attorney’s office in the next few days to obtain 58
an amended agreement. She stated that she would provide the agreement to the Charter 59
Commission members via email to review and if there are no concerns identified she would then 60
execute the agreement on behalf of the Commission as previously approved at the last meeting. 61
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B. Potential Ward Amendment 63
Commissioner Johnson asked if the intent is to get the ward amendment on the ballot this year. 64
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Chair Dahl noted that she is unsure of the timing for the potential ward amendment. She stated 66
that the Commission previously discussed that timing and had decided that even if the ward 67
amendment is not prepared in time for the election this year, the Commission could continue to 68
work on the language to ensure that it is ready for the next election. She stated that the timing 69
would depend upon the comments from the potential attorney. She noted that the Commission 70
could hold extra meetings in addition to the regular meetings. 71
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Commissioner Stranik stated that in a process of negotiation you must identify the items that you 73
must have and the items that you are willing to compromise on. He stated that he did not feel 74
that the comments from the City Attorney were out of line and noted that he could agree to those 75
changes to the language for the ward amendment. He stated that in his opinion the best course of 76
action would be to amend the ward amendment language with the changes recommended by the 77
City Attorney in order to move that item forward and begin working on other items. He stated 78
that this is not the ward Commission and the Commission should choose their battles. 79
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Chair Dahl used the City of Minneapolis as an example in regard to how the boundaries are 81
determined. She stated that in her opinion the Commission should hire out a third party to draw 82
the boundaries. 83
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Commissioner Lyden stated that if the process was pure, meaning that both the Commission and 85
City Council were not involved in drawing the boundaries, he would think that is the best course 86
of action. He stated that if the potential attorney states that it is acceptable for the Council to set 87
the boundaries he would also be in agreement with Commissioner Stranik to just accept the 88
comments of the City Attorney and move the item forward and move on. 89
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March 30, 2017
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Commissioner Stranik stated that if the potential attorney states that the comment of the City 91
Attorney is wrong that would simply place the Commission in the position of having to go 92
against the City Council and the Commission does not have sufficient funds to do that. 93
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Commissioner Storberg asked how the Commission would be able to finance a third party to 95
determine boundaries. 96
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Chair Dahl stated that she would assume that the City Council would need to authorize funds. 98
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Commissioner Storberg stated that if the ward system was put into place there would be limits on 100
who can run and who cannot, depending on which ward is represented by the vacant position. 101
She stated that right now any person could run for any position on the Council. 102
103
Commissioner Devaney stated that he has struggled with the idea of a ward system. He stated 104
that the benefit to having wards is that is ensures that there is equal representation of all residents 105
of the City. He stated that without wards five people could be elected from the same area of the 106
City and therefore other areas of the City would not be fairly represented. He stated that until 107
recently there was not representation from his area of the City but now that there is a 108
representative on the Council from that area, he feels better represented and feels that it is easier 109
to reach out to someone that lives closer to him. He noted that another struggle is that perhaps 110
there is not someone from a ward that wants to run for the Council. He stated that the job of the 111
Commission is not to debate whether or not they personally would like the ward system as the 112
Commission has voted to move forward with the ward amendment and let the residents choose 113
for themselves on the ballot. 114
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Commissioner Stranik stated that the Commission has already voted to move this ward 116
amendment forward to the ballot to let the voters choose and therefore unless the Commission 117
would like to make a vote to rescind that decision, the item is moving forward and the 118
Commission should not spend time debating the topic. 119
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Commissioner Lyden stated that if the ward amendment is approved, that would allow the 121
opportunity for more people to get involved on the local level. 122
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Commissioner Stanek stated that Chair Dahl noted that there were some items from the 2014 124
draft amendment language that she would like to see included in the potential ward amendment 125
and asked for details. 126
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Chair Dahl noted that she would like language included that the Charter Commission would hire 128
a third party to determine the boundaries of the wards to ensure fairness. 129
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Commissioner Damiani stated that it appears the Commission is wasting their time discussing 131
this matter without the opinion and comments of the potential attorney and suggested 132
reconvening once the potential attorney provides his opinion. 133
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Commissioner Devaney stated that while he would like to meet the potential attorney he is 135
sensitive with the fund restraints the Commission has. He noted that the Commission has 136
already approved Chair Dahl executing the agreement and therefore was unsure that an additional 137
meeting to ask the potential attorney questions is necessary. He stated that if the potential 138
attorney is going to charge to attend the meeting he did not want to use the funds in that manner. 139
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Commissioner Johnson stated that the potential attorney is well established and agreed that at this 141
point the Commission needs someone competent and the Commission should be smart about 142
their spending. 143
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C. Other 145
Commissioner Johnson stated that he reached out to Roger, who is the head of the Tax 146
Committee at the legislature and therefore is very busy right now. He stated that Roger 147
mentioned that they discussed the topic at the legislature in the past and the topic is not as easy as 148
it seems. He stated that because this would be a change in State Statute that would increase the 149
minimum amounts, there would most likely be opposition. He explained that the Statute sets a 150
minimum amount that cities must provide to Charter Commissions but cities are able to provide 151
additional funds as desired. 152
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Commissioner Storberg asked if there has been a response from the letter Chair Dahl submitted 154
to the City Council asking for additional funding. 155
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Chair Dahl stated that the City Manager responded to her and had stated that the Council would 157
discuss the topic at the second meeting in March but followed up with her to state that the Mayor 158
wanted additional time with the Council to discuss the topic and therefore the Council would be 159
discussing the topic at their first worksession in April. 160
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Commissioner Stranik stated that at the last meeting there was a comment that perhaps the City 162
elections should be bundled with the national elections in order to increase voter participation. 163
He stated that following the last meeting there was a Councilmember present that approached 164
him after the meeting and stated that he believed there would be support for the change in voting 165
cycles for City elections to match the national cycle. He noted that would save the City funds on 166
election costs and could be a good opportunity for the Charter Commission to pursue. He noted 167
that the action would be separate from the warm amendment. 168
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Chair Dahl stated that she believes there are past sets of minutes that address that topic. 170
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Commissioner Stranik stated that while that would provide history, the question would be 172
whether the Commission would like to pursue that action now. 173
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NEXT MEETING DATE 175
Chair Dahl noted the next meeting date is to be determined. She stated that she will follow up 176
with the Commission members to determine the next meeting date. 177
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Commissioner Devaney asked the Commission to keep in mind the comments made by 179
Commissioner Stranik. He stated that he is not hung up on who draws the boundaries and would 180
just like this item to move forward so the Commission can move forward from this topic. 181
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Commissioner Johnson stated that he would also support moving this forward on the path of 183
least resistance. 184
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ADJOURN 186
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MOTION by Commissioner Johnson, seconded by Commissioner Damiani, to adjourn the 188
meeting at 7:23 p.m. Motion carried unanimously. 189
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Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 191