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HomeMy WebLinkAbout05-09-2019 Charter PacketLINO LAKES CHARTER COMMISSION MEETING AGENDA 6:30 PM Thursday, May 9, 2019 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Setting the Agenda 4. Open Mike / Public Comments 5. Old Business A. Approval of April 12, 2018 minutes B. Petitions with City Clerk and City Attorney C. Legal Representation 6. New Business A. Open Positions on Charter Commission Next meeting July 11, 2019 Caroline Dahl Pat Devaney Chris Bretoi Chair Vice Chair Secretary 6:30 PM Charter Commission April 12, 2018 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 April 12, 2018 6:33 p.m. 7:28 p.m. Aldentaler, Dahl, Davis, Juni, Lyden, Stanek, Trehus, and Vanderpoel Bretoi, Damiani, Poehling Devaney None None CALL TO ORDER AND ROLL CALL Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:33 pm on April 12, 2018. PLEDGE OF ALLEGIANCE Chair Dahl lead the Pledge of Allegiance. Acknowledge Newly Appointed and Reappointed Commissioners Chair Dahl noted that there are two new Commissioners and asked each of the members of the Commission to introduce themselves. SETTING THE AGENDA Chair Dahl distributed a list of Charter Commission member information and asked each Commission member to ensure that the information listed is correct. She requested to add an item under New Business, Item A, titled Petitions. Commissioner Lyden stated that the Charter Commission still is without legal representation. Chair Dahl noted that item would be added under New Business as Item B. Agenda was accepted as amended. OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open uric. OLD BUSINESS A. Certificates Mailed to Out -Going Commissioners 1 Charter Commission April 12, 2018 Page 2 46 Chair Dahl stated that the City Clerk mailed out certificates recognizing the out -going 47 Commissioners. 48 49 B. Approval of October 12, 2017 Minutes 50 MOTION by Commissioner Juni, seconded by Commissioner Lyden, approving the meeting 51 minutes of October 12, 2017 as presented. 52 53 Motion passed unanimously. (Davis and Trehus abstained) 54 55 NEW BUSINESS 56 57 A. Petitions 58 Chair Dahl provided a sample petition form. She stated that the Charter has more than one 59 method to petition for or against an action. She asked if the Commission would like to 60 recommend providing this sample form. 61 62 Commissioner Lyden stated that it would be nice to have this information available for public 63 use. He stated that because the Charter Commission does not have its own legal representation, 64 he would support asking the City Attorney to build a draft petition form that residents could use. 65 66 Commissioner Trehus agreed that this request should go before the City Attorney. He stated that 67 there is a petition against a public improvement but noted that there should also be a form to 68 allow residents to petition for a public improvement. 69 70 Chair Dahl stated that she was discussing the topic with the City Clerk, who also agreed that 71 there were multiple petitions within Chapter 8. 72 73 Commissioner Juni asked if the project has been proposed by public works or the City Council. 74 75 Chair Dahl noted that this issue has been ongoing for years with the Lamont area, where the 76 residents in that area have petitioned against the public improvement projects. 77 78 Commissioner Lyden noted that petitions are not always against a project but could be used to 79 petition to ask for a public improvement as well. 80 81 Commissioner Juni stated that he would support the Charter Commission asking to create a draft 82 petition form that residents could use to petition for or against a project. 83 84 Chair Dahl stated that her hope would be that the City could create draft petition forms that 85 residents could obtain from the City Clerk's officer, should they desire to petition for or against a 86 project. 87 88 Commissioner Lyden stated that perhaps a template could be developed with all the possible 89 improvements listed and the resident could select the appropriate choices. 90 2 Charter Commission April 12, 2018 Page 3 91 Commissioner Juni stated that if a template is created the residents could fill in the necessary 92 information for the specific petition. 93 94 Commissioner Trehus stated that there are many different levels of petitions listed within 95 Chapter 8 of the City Charter. He noted that within Chapter 5 there are options for petitioning 96 for or against an ordinance. He stated that if a petition template is developed, that should be 97 reviewed by the City Attorney to ensure that it is compliant. 98 99 Commissioner Juni stated that perhaps they should check to see if the forms were available in the 100 City Clerk's office already, as if there are forms available the Charter Commission would not 101 need to develop something new. 102 103 Commissioner Trehus stated that to his knowledge the City does not have the petition templates 104 available. He stated that it was his understanding that the City Attorney developed the petition 105 form for the Lamont residents to use. 106 107 Commissioner Juni suggested asking the City Clerk to determine if there are already petition 108 templates available. 109 110 Commissioner Lyden stated that if there are not templates available, the question should then be 111 asked whether the City Attorney could draft a petition template. 112 113 B. Legal Representation 114 Commissioner Lyden stated that the Charter Commission previous had legal representation. He 115 noted that in the most recent years the Commission has had difficulty in finding legal 116 representation but believed the Commission should continue to look for representation. 117 118 Chair Dahl noted that her attempts to find legal representation end in dead -ends. She welcomed 119 any additional suggestions. 120 121 Commissioner Lyden stated that there are other communities that have Charters, noting that 122 some use their City Attorney while some have their own legal representation. He noted that 123 perhaps an attorney for another Charter Commission would be willing to provide this 124 Commission with assistance. 125 126 Chair Dahl noted that she has email information and can send out requests. 127 128 Commissioner Lyden stated that perhaps the attorney the Commission previously worked with 129 would have a suggestion for legal representation. 130 131 It was the consensus of the Commission to direct Chair Dahl to reach out to potential legal 132 representation. 133 134 C. Election of Officers 135 Chair Dahl opened the floor for nominations for the position of Chair. 3 Charter Commission April 12, 2018 Page 4 136 137 Commissioner Trehus suggested keeping the current slate of officers. 138 139 MOTION by Commissioner Juni, seconded by Commissioner Vanderpoel, to reappoint Caroline 140 Dahl as Chair, Pat Devaney as Vice Chair, and Carol Stanek and Cbris Bretoi as Co -Secretaries. 141 142 Motion passed unanimously. 143 144 Chair Dahl noted that she would follow up with the Commissioners note present to ensure they 145 would accept continuing in their appointed positions. 146 147 NEXT MEETING DATE 148 Chair Dahl noted the next meeting date is Thursday, July 12, 2018. 149 150 ADJOURN 151 152 MOTION by Commissioner Trehus, seconded by Commissioner Stanek, to adjourn the meeting 153 at 7:28 p.m. Motion carried unanimously. 154 155 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 4 Memorandum To: Lino Lakes Charter Commission From: Julie Bartell, City Clerk Date: July 9, 2018 Re: Petition Templates At their last meeting, the Charter Commission discussed the possibility of having templates available for different types of petitions. According to the minutes of that meeting, the final direction was to determine if there are already petition templates available and, if not, ask the City Attorney to draft them. In response, I can report to the Commission that I do not have a petition template other than the one provided which was developed for a specific question. As a city clerk I have handled many petitions and based on that experience I don't feel that it's necessarily practical to develop various petition templates for the following reasons: - There are many types of petitions that can be submitted (including petitions allowed under the city charter, state law or the city code) and there can be different requirements as to form; - It is very important to have a correct form of petition before getting signatures or the petition can be found unacceptable. I am available to assist any citizen who needs information on a petitioning process and proper form. I also spoke with the City Administrator on the matter of asking the city attorney to develop petition templates and Mr. Karlson indicated that if the commission were to request that type of assistance and it involved costs outside the Commission's established budget, City Council approval would be necessary. PETITION AGAINST A PUBLIC IMPROVEMENT Proposed Public Improvements: • LaMotte Area Watermain Project This Petition Against a Public Improvement is submitted pursuant to Lino Lakes City Charter section 8.04, subdivision 1. This Petition must be filed with the City Council within 60 days of the public hearing on the proposed improvements. The hearing occurred on January 22, 2018. Only property owners proposed to be assessed for the improvements may sign this Petition. A property owner can only sign once regardless of the number of parcels owned that would be subject to the assessment, and each parcel can have a maximum of one signature regardless of the number of owners. All signatures must be in ink or indelible pencil. Each signer must provide a signature, printed name and address. We the undersigned hereby petition against the proposed improvement of water main. Signature Printed Name Address IiNOL KES Memorandum To: Lino Lakes Charter Commission From: Julie Bartell, City Clerk Date: May 2, 2019 Re: Charter Commission Appointments The purpose of this memorandum is to update the Charter Commission on the status and process of appointments to the commission. Vacancies - Currently there are three open positions. Two of these positions were vacated and one was not filled during the last appointment process. If the commission wishes to activate a process to fill these positions, the following options are available to advertise: - City newsletter — the next issue will be mailed in August; - City website; - Quad Press — local newspaper with general circulation; - Electronic Reader Board (at City Hall) — the reader board has been down for some time but hopefully will be repaired soon. The language we've traditionally used to advertise is attached. Bi-Annual Appointment Process - Every two years, the regular appointment or reappointment process occurs and that will impact six current members. Based on the Charter Commission By -Laws, that process will begin in September this year. CITY OF LINO LAKES CHARTER COMMISSION OPENINGS The Charter Commission of Lino Lakes has openings for membership. This 15-member commission serves as custodians of the City Charter in accordance with state laws, the charter by-laws and rules of the Charter Commission. The Commission meets the second Thursday evening of each quarter at city hall. Members serve a four-year term starting January 1 and serve their term until a successor is appointed. Any Lino Lakes resident who is a qualified voter and not a current city council member may serve on the Charter Commission. To request an application, please call Charter Commission Secretary Caroline Dahl at 651-484-4678, or Lino Lakes City Hall at 651-982- 2406, or visit the City website at www.ci.lino-lakes.mn.us for an application. Applications must be submitted no later than Julie Bartell, City Clerk Lino Lakes Charter Commission 2018 Membership and Term Donald Aldentaler Term expires December 31, 2019 Chris Bretoi (Co -Secretary) Term expires December 31, 2021 Pat Devaney (Vice Chair) Term expires December 31, 2019 Caroline Dahl (Chair) Term expires December 31, 2021 Kelli Damiani Term expires December 31, 2021 Steven C. Davis Term expires December 31, 2021 Howard Juni Term expires December 31, 2019 Christopher Lyden Term expires December 31, 2019 Jerome Poehling Term expires December 31, 2021 Carol Stanek (Co -Secretary) Term expires December 31, 2019 Mike Trehus Term expires December 31, 2021 Waylon Vanderpoel Term expires December 31, 2019